City Council Hearing:
Consideration of Conditional Use Permit Application No. P22-03906
Exhibit J-1
Draft Conditions of Approval for
ABCUP P22-03906
City of Fresno
Planning and Development Department
DRAFT Conditions of Approval
June 6, 2024
Conditional Use Permit Application No. P22-03906
Planner: Steven Martinez
[email protected]
PROJECT DESCRIPTION
Conditional Use Permit Application No. P23-00593 was filed by Felipe Ceba llos, on behalf of Baldev Khela of Circle D gas station, and pertains to an existing to ± 2,939 square-foot gas station and convenience store located on a ±0.60-acre developed site located on the southeast corner of North Fresno Street and East Olive Avenue.
The establishment previously operated with a Type 21 alcohol license at this location. However, due to a fire in 2018, the use ceased operations and considered abandoned pursuant to Fresno Municipal Code Section 15-404(F)(3). Conditional Use Permit Application No. P23-03906 requests to reestablish a State of Califor nia ABC Type 21 (Off-Sale Beer, Wi ne, & Distilled Spirits) alcohol license for the Circle D gas station and convenience store.
The hours of operation will be 6:00 a.m. to 2:00 a.m., 7 days a week.
APN: 452-081-17S
ADDRESS: 2520 E OLIVE AVE, FRESNO, CA 93701
ZONING: CG
(Commercial General)
PART A - ITEMS TO BE COMPLETED
The following items are required prior to final approval and/or commencement of land activity:
Planner to check when completed.
Development shall take place in accordance with Exhibits O, A, E, F dated May 24, 2023.
This special permit approval shall comp ly with all applicable provisions of Section 15- 2706 of the Fresno Municipal Code (FMC) for alcohol sales for the Responsible Neighborhood Market Act.
Daily alcohol sales shall not occur between the hours of 2 a.m. and 6 a.m.
Operator shall maintain site and facilities free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
Demonstrate compliance with FMC Section 15-2706-S (Cancel and Transfer) prior to issuance of a State of Califor nia Alcoholic Beverage Contro l Type 21 (beer, wine, and distilled spirits for consumption off premises where sold).
DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
Each ABC license that is canceled also includes surrender of the alco hol-sales portion of all related Conditional Use Permits and waiv er of any legal non-conforming use rights related to the sale of alcohol for off-site consumption. x Provide a letter of acknowledgement from the store owner(s)/operator(s) that will be surrendering the alcohol-sales portion of all related Conditional Use Permits associated with their store/operation.
The display and sale of grocery products, fr esh produce, and alcoholic beverages shall occur in accordance with the operational statement dated November 3, 2023. x No less than 70% of the mercantile area shall be dedicated to grocery sales. x No less than 10% of the mercantile floor area shall be dedicated to the sale of fresh produce.
x Should the area dedicated to fresh produce be reduced to less than 10%, the display and sale of alcoholic beverages shall cease until the area dedicated to fresh produce is restored to at least 10%.
PART B - OTHER AGENCY COMMENTS AND CONDITIONS
To be checked when completed where applicable.
1. Fresno County Environmental Health Department:
• Should the facility undergo remodel, then prio r to issuance of building permits, the applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval.
Contact the Consumer Food Protection Program at (559) 600-3357 for more information. • The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code.
2. Police Department:
Comply with the attached Fresno Police Department Memorandum and Security Plan dated July 20, 2023.
PART C – PLANNING DEVELOPMENT CODE STANDARDS
Alcohol Use Requirements
1. Sale and consumption of al coholic beverages shall be subordinate to on-site food sales.
2. This special permit approval is subject to co mpliance with all applicable provisions of Section 15-2706 of the Fresno Municipal Code (FMC) fo r alcohol sales for the Responsible Neighborhood Market Act.
3. A valid Business License Tax Certificate for t he establishment shall be maintained at all times.
4. Alcohol sales shall cease at 2: 00 a.m. all days of the week.
DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
PART D – OPERATIONAL REQUIREMENTS
1) Planning/Zoning/Environmental Compliance Requirements a) Operation shall take place in accordance with the Fresno Municipal Code, Fresno High- Roeding Community Plan, CG (Commercial General) zone district, and all other applicable sections of the Fresno Municipal Code.
b) Operations and development of the subject property shall occur in accordance with all requirements included within Section 15-2706 of the FMC pertaining to uses with Alcohol Sales, including but not limited to, the following:
i) Landscaping.
• New Buildings. Landscaping shall be provided per the underlying District. • Existing Buildings. Perimeter landscapi ng and Parking Lot Shading shall be provided per the underlying district. The Re view Authority, at their discretion, may make exceptions to the pr escribed standards, howeve r, in no case shall the reduction result in a net r eduction of 35 percent or greater in the amount of landscaping provided. Landscaping may al so be aggregated to minimize the impact on existing parking areas.
ii) Lighting. The exterior of the premise, in cluding adjacent public sidewalks and all parking lots under the control of the es tablishment, shall be illuminated during all hours of darkness during whic h the premises are open fo r business in a manner so that persons standing in th ose areas at night are identi fiable by law enforcement personnel. However, required illu mination shall be placed and/or shielded in a way that minimizes interference wi th the neighboring residences. iii) Litter and Graffiti.
• Trash and recycling recept acles shall be provided by public entrances and exits from the building.
• The owner or operator sha ll provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. • The owner or operator shall re move graffiti within 48 hours. iv) Pay Phones and Vendi ng Machines. External pay phones and snack vending machines are prohibited.
v) Video Surveillance.
• Establishments must equip a fully functi onal color digital vi deo camera system. • The system must continuou sly record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
is closed. The system must be maintained in a secure d location inside of the business.
• The system shall have the correct date and time stam ped onto the image at all times.
• The camera storage capacity should be for at least two weeks (14 calendar days).
Such cameras must be capa ble of producing a retrievable and identifiable image than can be made a perman ent record and that ca n be enlarged through projection or other means.
• If utilizing a digital video re corder, it must be capable of storin g at least 14 days of real-time activities.
• The system shall be capable of producin g a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initia l request relating to a cr iminal investigation only. • The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.
• There shall be four exteri or cameras placed so as to record activities in the primary customer parking ar eas of their business. Thes e cameras should be of sufficient quality to be abl e to identify persons and or vehicles utilizing the business parking lot.
• All interior cameras shall record in color.
• All exterior cameras shall record in co lor and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a m anner that will prevent or re duce the possibility of vandalism.
vi) Signage.
• The provisions specified under Article 26 , Signs and this subsection shall apply.
Where conflict may occur between the provisions of Article 26 and this subsection, the more restrictive provis ions shall govern. • The following copy is required to be promin ently posted in a readily visible manner on an interior wall or fixture and not on windows:
"California State Law Prohi bits the Sale of Alcoho lic Beverages to Persons Under 21 Years of Age."
"No Loitering is Allow ed On or In Front of These Premises." "No Open Alcoholic Beverage Contai ners are Allowed on These Premises." • No more than 15 pe rcent of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of an off-sale alcohol re tail outlet shall bear advertising, signs, or other obstructions of any sort.
DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
The area covered by signs or advertising includes all clear areas within signs or advertising, such as the cl ear area within neon signs.
Signage, advertising, or othe r obstructions inside or outside the establishment that are not physically attac hed to the windows or door s, but are visible from a public thoroughfare, sidewalk, or parking lo t in the same manner as if they were physically attached is included in the 15 percent limitation.
Any signage required by law shall not count towards the 15 percent limitation, but shall nonetheless follow rules re lated to visual obstruction. • Advertising and signage on windows and clear doors sha ll be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the in terior of the outlets, in cluding the area in which the cash registers are mainta ined, from exterior public sidewalks, parking lots, or entrance to the outlets.
• Any establishment located within 250 fe et of a sensitive use may not advertise alcohol sales in a manner vi sible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.
vii) Loitering and Other Nuisance Activities. The operation of the establishment shall not result in repeated nuisance ac tivities on the property, wh ich may include, but are not limited to, repeated distur bances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of pass erby, gambling, prostitution, sa le of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loiter ing, excessive littering, graffiti, illegal pa rking, excessive loud noises (especially in th e late night or early morning hours), traffic violatio ns, curfew violations, lewd conduct, or other violations of City, State, or federal la ws, especially when contributing to a proportionally high rate of police reports and arrests to the area.
viii) Training. The owners and al l employees of the establis hment who are involved in the sale of alcoholic bevera ges must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hi red after the approval of the Conditional Use Permit, within sixt y days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the Califor nia Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California.
ix) Compliance with Laws. The es tablishment must remain in compliance with all local, State, and federal laws, regulations, and orders, as well as all conditions of approval imposed on the use. This includes compliance with ann ual City business license fees.
x) Posting of Conditions. A copy of all conditi ons of approval and tr aining requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the est ablishment or posted in an DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
employee area and provided upon request (e.g. via flyer or brochure) to patrons and enforcement officials.
xi) Prohibited Products. The sale or distribution of one or more of the following shall be prohibited.
• Wine in containers of less than 750 milliliters.
• Single containers of bee r, malt liquor, wine cooler s, and similar alcoholic beverages not in origi nal factory packages of four-packs or greater. • Distilled spirits in container s of less than 375 milliliters. • Paper or plastic cups in quantities le ss than their usual and customary packaging. xii) Cancel and Transfer.
• New establishments shall transfer and cancel ABC lic enses in good standing as set forth in Table 15-2706 below, from within a Council District identified as having an overconcentration of ABC licenses for off-sale use, as determined by the Director following review of data prepared by the Ca lifornia Department of Alcoholic Beverage Control. The ABC lic ense will be submitte d to the Alcoholic Beverage Control for permanent cancellation. A canceled ABC license cannot be reactivated or reinstated.
• Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non- conforming use rights rela ted to the sale of alcohol for off-site consumption. • Exemptions.
a. The Cancel and Transfer r equirements shall not apply when an establishment is required to relocate as the result of a taking by eminent domain and a license transfer to a new establishment site is necessary due to such taking. b. Existing establishments th at seek to expand their floor area or extend their operating hours.
c. Existing establishments that seek to re locate if the proposed relocation meets the requirements of Section 15-2706.F.7.
c) Operation shall take place in accordance with the attached “Notes and Requirements for Entitlement Applications” as applicable.
d) Property development standards and operational conditions are contained in Articles 12, 20, 23, 24 and 25 of the FMC. Any project revisions, development, and operation must comply with these property development standards and operational conditions.
PART D – OPERATIONAL REQUIREMENTS
1. Miscellaneous Requirements
a. Building plans and permits are required.
DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
b. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
i) All existing and proposed im provements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; ii) All public and private eas ements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, iii) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. c. Approval of this site plan may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinanc e, and all Public Works Standards and Specifications. The Planning and Deve lopment Department shall not assume responsibility for any deletions or omissions resulting from the Development Permit process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this site plan or subsequent amendments or revisions.
COMPLIANCE PROCESS
Please Note: To complete the compliance process, submit an electronic copy of the corrected site plan and corrected elevations to Steven Martinez in the Planning and Deve lopment Department for final review and approval at least 15 days prior to final sign off. These documents can be uploaded electronically to the citizen access portal at https://aca-prod.accela.com/FRESNO/Default.aspx. It may be necessary to resubmit these “corrected exhibits” a second time if not all the conditions have been complied with or are not shown on the exhibits.
EXPIRATION
The exercise of rights granted by these special permits must be commenced by June 6, 2027, (three years from the date of approval), pursuant to FMC Section 15-5013. An extension of up to one additional year may be granted, provided that the findings required under FMC Section 15-5013-A.1 are made by the Director. All required improvements must be installed prior to the operation of the proposed use.
Pursuant to Section 15-5308 of the FMC an expiration date of seven years from the date of approval has been established for Conditional Use Permits. Therefore, the approval for P22-03906 shall expire on June 6, 2031 and a new conditional use permit must be obta ined prior to that expiration date for the use only (not the physical structure(s)).
DRAFT Conditions of Approval
Conditional Use Permit Application No. P22-03906
June 6, 2024
If you have any questions regarding this letter, feel free to contact me.
Sincerely,
Steven Martinez | Planner
Planning and Development Department
Enclosures:
Exhibits O, A, E, F dated May 24, 2023
Fresno Unified School District Memorandum dated May 24, 2023 Fresno Police Department Memorandum dated July 20, 2023 Security Plan dated July 20, 2023
General Notes and Requirements for Entitlement Applications Circle “D” Food & Liquor
2520 E. Olive Ave. Fresno CA 93701
OperaƟonal Statement
P22-03906
The refurbished neighborhood convenience store building and gas staƟon is located at 2025 E. Olive Ave., Fresno CA 93701 with an APN 452-081-17S. The current zoning for the area is “CC” with a planned land use of “CG” – Community General. The proposed improved facility consists of a 2932 SF community convenience store, 4 gasoline dispensing staƟons and 12 parking spaces.
The ABC department issue the original type 21 O ff-Sale General license on July 5, 2012, which was surrendered back to the department on April 23, 2018, as a result of a structure fire. The owners at the Ɵme indicated their intent to renovate the facility and reac Ɵvate the license at a future Ɵme. Due to complicaƟons with the insurance claim the repair work could not be done un Ɵl this year and finally the facility renovaƟon is near compleƟon.
The Owners are seeking to reac Ɵvate the original ABC type 21 O ff-Sale General license to sell alcoholic beverages.
The store is tailored to the needs of the local community and provides a variety of essenƟal products such as milk, bread, eggs, salads, fruits, sandwiches, chips, candy, soda, co ffee, fountain drinks, juices, ice cream, canned food, frozen food, pastries and prepared foods like hotdogs, burritos, etc. 4 doors of the merchandizing refrigerator are dedicated to different brands of beer, 2 doors for wine and a 4’ wide X 8’ high X 10” deep shelves for liquor display.
The proposed hours of operation are from 5:30 am to 2:30 am, 7 days a week. There will be 2-3 employees per shift. Products and goods are delivered twice per week. Gasoline is normally delivered once a month and occasionally a second delivery when needed. Thrash is picked up once a week. The number of visitors is expected to be between 90 and 100 per day.
Staff receive training in maintaining store security and deterring potential crimes, including steps to take in the event of a robbery. There is also a surveillance cameras system including close-circuit cameras with audio capabilities and an alarm system.
The owners implement a comprehensive training prog ram focused on the safe and legal sale of age restricted products and prevent the sale of alcoholi c beverages to minors or intoxicated persons. A program refresher is required every year.
Size appropriate advertisement signs will be installe d at the top of the building elevations facing the street. The building mounted lights illuminating the signs will not impact the adjacent properties. Pole mounted parking lights will be shielded to prevent glare and reflection into neighboring properties. The building mounted lights and pole mounted parking ligh ts will provide a well lit and safe area around the site.
APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________
CITY OF FRESNO DARM DEPT
05/24/2023P22-03906 O
EXISTING ONE
STORY
TYPE IIIB
CONSTRUCTION
2,932 S.F.
(N) EXTENDED
OVERHEAD CANOPY
(E)
CONCRETE
WALK
(E) METAL
POLE
LIGHTING
LANDSCAPING
(E) METAL
POLE
LIGHTING
(E) PRIVATE
PROPERTY SIGN
TO BE
RELOCATED
(E) METAL
MONUMENT SIGN TO
BE RELOCATED
(E) OVERHEAD
POWER WOOD
POLE
(E) ADA
CURB CUT
(E) 'METAL
STREET
LIGHT /
TRAFFIC
LIGHT
(E) CONCRETE
WALK
LANDSCAPING
(E) GAS PUMP, TYP.
(E) GAS PUMP ISLAND
(E) PROTECTION
BOLLARDS
(E) PUBLIC
TELEPHONE
(E) UNDERGROUND
TANKS
(E) LEVEL LANDING
(E) DETECTABLE
WARNING DOMES
RAMP
(E) CONCRETE
WALK
(E) MAIN ENTRANCE
(E) ROOF
OVERHANG
(E) CONCRETE
PAVING
LANDSCAPING
(E) BUS
STOP
AWNING
AND BENCH
(E) BENCH
(E) TRASH CAN
(E) OVERHEAD
POWER WOOD
POLE
PUBLIC TELEPHONE
TO BE REMOVED
(E) METAL POLE LIGHT
(E) CONCRETE CURB
TO BE REMOVED
(E) CMU TRASH
ENCLOSURE
(E) ELECTRIC
TRANSFORMER
(E) 6' HIGH
CHAIN-LINK
FENCE
(E) MAIN
SWITCHGEAR
(E) SIDE DOOR
(E) PROTECTION
BOLLARDS
(E) GAS METER
(E) ROOF ACCESS
LADDER
(E) 6' HIGH
CHAIN-LINK
FENCE
(E) GAS VENTS
(E) OVERHEAD CANOPY
(N) COLUMN
(N) GAS PUMP
(N) COLUMN
(N) GAS PUMP
(E) CONCRETE CURB
TO BE REMOVED
(N) METAL MONUMENT
SIGN LOCATION
NEW CONCRETE
SIDEWALK
NEW CURB AND
GUTTER
(E) 6" CONTINUOUS
CONCRETE CURB
(E) 6" CONTINUOUS
CONCRETE CURB
(E) ADA
SIGNAGE
8' X 28.75'
GARBAGE TRUCK
LOADING ZONE
STREET ℄
STREET
℄
(N) CONCRETE
PAVEMENT
NEW TWO
BICYCLE RACK
Sheet No.:Issue Date:
Job No.:
Stamp(s):Sheet Title:
Date:
Designer:
DR:
PC:
Project Name & Address:
Number Revision Description: Rev. Date:
Release Date:
COPYRIGHT 2007
Consultants:
1--
2--
-
-
-
-
-
-
Fresno, California 93711
5714 N. Prospect Avenue
(559) 408-4888
(559) 498-0710
C:\Work\Felipe\Circle D\Sheets\A1.dwg EFRAIN GAETA
A-1
-
SITE PLANPLAN CHECK REVIEW CORRECTIONS
Project
A.P.N.: #
Scope of Work:
Baldev and Jasjit Khela
Existing Zone District: CG
11770 N. Bella Vista
Fresno California 93730
(559) 548-7492
Address:
452-081-17S
Owner:
2520 E. Olive
Fresno, California 93701
x RENOVATE (E) CONVENIENCE STORE
x ADD TWO MORE GASOLINE PUMP
STATIONS AND EXTEND (E) CANOPY
x CLOSE OFF (E) EAST DRIVEWAY AND
APPROACH AND TURN IT INTO NEW
LANDSCAPE AREA
[email protected]
Existing General Plan Use:
Commercial General
Article 67 Use Classification:
x Liquor Store
x Food and Beverage Sales
x corner commercial
Project Site Area: 24,988 s.f.
(E) Building Data: 2,932 s.f.
Proposed Canopy Area: 777 s.f.
Building Coverage: 4,992 s.f. 20%
Concrete Paved Area: 14,620 s.f. 58%
AC Paved Area: 4,417 s.f. 18%
Landscaping Area: 1,587 s.f. 6%
Floor Area Ratio: 2,932 s.f / 24,988 s.f. = 12%
APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________
CITY OF FRESNO DARM DEPT
05/24/2023P22-03906 A
Sheet No.:Issue Date:
Job No.:
Stamp(s):Sheet Title:
Date:
Designer:
DR:
PC:
Project Name & Address:
Number Revision Description: Rev. Date:
Release Date:
COPYRIGHT 2007
Consultants:
1--
2--
-
-
-
-
-
-
Fresno, California 93711
5714 N. Prospect Avenue
(559) 408-4888
(559) 498-0710
C:\Work\Felipe\Circle D\Sheets\A5.dwg EFRAIN GAETA
A-5
-
EXTERIOR ELEVATIONSPLAN CHECK REVIEW CORRECTIONS02/13/18 APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________
CITY OF FRESNO DARM DEPT
05/24/2023P22-03906 E
Sheet No.:Issue Date:
Job No.:
Stamp(s):Sheet Title:
Date:
Designer:
DR:
PC:
Project Name & Address:
Number Revision Description: Rev. Date:
Release Date:
COPYRIGHT 2007
Consultants:
1--
2--
-
-
-
-
-
-
Fresno, California 93711
5714 N. Prospect Avenue
(559) 408-4888
(559) 498-0710
C:\Work\Felipe\Circle D\Sheets\A2.dwg EFRAIN GAETA
A-2
-
FLOOR PLANPLAN CHECK REVIEW CORRECTIONS02/13/18
APPL. NO.____________EXHIBIT_________DATE________
PLANNING REVIEW BY_________________DATE_________
TRAFFIC ENG.________________________DATE_________
APPROVED BY_______________________ DATE_________
CITY OF FRESNO DARM DEPT
05/24/2023P22-03906 F
City of Fresno Notes and Requirements for Entitlement Applications
(Note: Please only use the notes that apply to your project.)
GENERAL
1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Citywide Development Code, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operational Statement provided by the applicant. The Operational Statement is mate rial to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operational Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operational Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Plan ning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.
2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized repres entative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property. b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.
3. No land shall be used, and no structure s hall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare.
4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department; https://www.fresno.gov/publicworks/wp-
content/uploads/sites/17/2016/09/CityofFresnoStandardSpecifications2016January.pdf City of Fresno Notes and Requirements For Entitlement Applications
5. Development shall take place in accordance with all city, county, state and federal laws and regulations.
6. Owners and persons having ownership interest in businesses operating in the City of Fresno are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621-6880 for more information. Information and an application form are available at the following website:
http://www.fresno.gov/Government/DepartmentDirectory/Finance/BusinessLicenseand Tax/businesstaxapplicaiton.htm
7. All proposed building(s) or structure(s) cons tructed on the property must comply with the prevailing California Building Code Standards.
8. Any building modifications and/or addit ions not included with this application are not approved with this special permit and would be subject to a new special permit.
9. A permit granted under the Fresno Municipal Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to Section 15-5013, Expiration of Planning Entitlements, for more information about the exercise of rights.
FENCES/WALLS, LANDSCAPING, PARKING
10. Nothing in this Development Code shal l be deemed to prohibit the erection of temporary fencing around construction site s in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.
11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.
12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean.
13. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fe rtilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height.
14. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Gr een Building Standard s Code and/or the City of Fresno Notes and Requirements For Entitlement Applications
California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended.
15. Trees shall be maintained by property owners to be free from physical damage or injuring arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree.
16. No tree for which a Tree Removal Perm it is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in co njunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied.
17. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied throug h reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantia l damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be cont rolled or remedied through reasonable relocation or modification of the structure or utility services. c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s).
18. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Current Planning Division. (Include this note on the landscape plan.)
19. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided.
20. Trees required for parking lots are in addit ion to trees required elsewhere on the site as prescribed in other sections of the Fresno Municipal Code.
21. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
22. A minimum number of accessible parking stalls are required fo r the proposed project per State of California Building Code.
City of Fresno Notes and Requirements For Entitlement Applications
23. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Sectio n 10-1017 of the Fresno Municipal Code shall be towed away. The international sy mbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.)
24. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.)
25. All general standards of Section 15-2015 of the Fresno Municipal Code shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan.
26. Bicycle parking spaces s hall be supplied according to Ta ble 15-2429-D: Required On- Site Bicycle Parking Spaces of the Fresno Municipal Code. Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestri an ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures.
27. All general provisions of Section 15-2403 of the Fresno Municipal Code shall apply to all parking areas.
28. The parking lot is required to meet the City of Fresno’s Parking Manual, Public Works Standards (P-21, P-22, and P-23) and Specifications
(https://www.fresno.gov/publicworks/wp-content/uploads/sites/17/2016/09/Parking- Manual.pdf). Parking must also comply with the California Building Code’s accessibility requirements and the Fire and Solid Waste Dep artment’s minimum turning templates.
Contact the Planning and Development Department for Parking Manual questions.
SIGNAGE
29. All future signs shall be architecturally compatible with the proposed building(s).
Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment.
30. Signs, other than directional signs, if applicable , are not approved for installation as part of this special permit. (Include this note on the site plan.) City of Fresno Notes and Requirements For Entitlement Applications
31. All proposed signs shall conform to the current sign ordinance. The submittal checklist for signs is available online at https://www.fresno.gov/darm/planning- development/applications-forms-fees/#tab-14
32. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area.
33. Banners, streamers, moving signs, and inf latables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non-Residential District s. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 days must lapse bef ore displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year.
34. Every sign displayed within the city, incl uding exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced. Exposed surf aces shall be kept clean, in good repair, and painted where paint is required.
MISCELLANEOUS
35. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the FMC at anytime, measured at the nearest subject property line.
36. No vibration shall be produced that is tran smitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site.
Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipmen t, trains, trucks, etc.) are exempt from this standard.
37. Lights shall be placed to deflect light aw ay from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Ex cept for public street lights and stadium lights, no light, combination of lights, or ac tivity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half foot- candle.
38. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adjacent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.
City of Fresno Notes and Requirements For Entitlement Applications
39. The address listed in the conditions of appr oval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Plann ing and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses' . The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’.
40. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, Fresno Municipal Code (FMC) Chapter 6, Article 7 (FMC Sections 6-701 et seq.)
When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at (559) 445-6281 regarding the required NOI and stormwater discharge permit. Additional in formation on California’s construction stormwater regulation may be obtained from the Water Board via the internet:
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml.
Helpful information for preparing and implem enting stormwater pollution prevention plans may also be obtained from the Californ ia Stormwater Quality Association via its website, www.casqa.org
When a project involves specified nonresidential activi ties (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required.
Contact the Fresno office of the Califor nia Regional Water Quality Control Board at (559) 445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml, The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org).
41. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations.
42. If archaeological and/or animal fossil mate rial is encountered during project surveying, grading, excavating, or constructi on, work shall stop immediately. (Include this note on the site plan.)
City of Fresno Notes and Requirements For Entitlement Applications
43. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted fo r the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.)
44. If animal fossils are uncovered, the Mus eum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of re cognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.)
45. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply.
46. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project condition s for alternative wastewater treatment facilities.
47. City of Fresno water and sewer connection c harge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8797.
48. Open street cuts are not permitted; all utility connections must be bored.
49. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621- 5300 for requirements relating to approved devices, locations, testing and acceptance.
This requirement must be satisfied prior to final occupancy.
50. This project was reviewed by the Fire De partment only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.
51. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoo r storages areas shall be screened from City of Fresno Notes and Requirements For Entitlement Applications
public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operation. If it is not, it is not allowed on the site.
52. If video surveillance cameras are requ ired or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance.
FEES
(Not all fees will be applicable to all projects . Please reach out to Frank Saburit at (559) 621-8797 for fee questions.)
53. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to pr otest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to th ose fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
54. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the Master Fee Schedule. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit.
b) Fire Facilities Fee (FMC Section 12-4.901 to 12-4.906) (based on building square footage, or residential units)
c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building square footage, or residential units)
d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number of residential units)
55. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC Section 12-4.1006)
a) Street Impact Fees shall be due and pa yable at the time of building permit issuance unless otherwise required by State law.
b) Street Impact Fees will be a condition on all development entitlements granted.
City of Fresno Notes and Requirements For Entitlement Applications
56. FRESNO COUNTY FACILITY IMPACT FEE
Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this pr oject, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits.
57. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF)
Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. The RTMF form shall be signed by a Building and Safety Services staff member prior to issuance of building permits. Proof of payment shall be provided prior to issuance of occupancy.
58. SCHOOL FEES
School fees must be paid, if required, prior to the issuance of building permits. Contact the applicable school district to obtain fee amount. Provide proof of payment (or no fee required) prior to the issuance of building permits.
59. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for review of proposed development projects, including applications for pl an amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact the FMFCD at (559) 456-3292.
b) FMFCD drainage fees are due, if required , prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance.
Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the develop er of the new project. Drainage fees may be paid at the Planning and Development Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits.
60. SEWER CONNECTION CHARGES (FMC Sect ion 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property f rontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’) City of Fresno Notes and Requirements For Entitlement Applications
c) Wastewater Facilities Charge
d) Trunk Sewer Charge
Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Ar ticle 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Wastewater Division - Environmental Services Section at (559) 621- 5153.
61. WATER CONNECTION CHARGES: (FMC Sect ions 6-501 to 6-507). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage)
b) Service Charges (based on serv ice size required by applicant) c) Meter Charges (based on service need)
d) Water Capacity fee (based on size of meter)
62. Deferment of the payment of Citywide dev elopment impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19.
PUBLIC WORKS DEPARTMENT GENERAL NOTES
(to be added to the site plan)
63. Any survey monuments within the area of construction shall be preserved or reset by a person licensed to practice land surveying in the State of California.
64. Repair all damaged and/or off-grade concrete street improvements as determined by the Construction Management Engineer, prior to occupancy.
65. Two working days before commencing excavation operations within the street right-of- way and/or utility easements, all existing under-ground facilities shall have been located by underground services.
66. The performance of any work within the public street right-of-way requires a street work permit prior to commencement of work. All required street improvements must be completed and accepted by the City prior to occupancy.
City of Fresno Notes and Requirements For Entitlement Applications
67. Contact the Public Works Department, Traffic Engineering at (559) 621-8800, 10 working days prior to any offsite concrete construction.
68. For Standard Drawings visit https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2016/09/CityofFresnoStandardDrawings2016Feb.pdf
69. For Traffic Plannin g’s website with useful links, additional notes , sample of legend, Parking Manual and Traffic Study Checklist visit
https://www.fresno.gov/publicworks/traffic-engineering/#tab-2
70. Traffic Planning Checklist link: https://www.fresno.gov/publicworks/wp- content/uploads/sites/17/2019/04/Traffic-Planning-Checklist-04-19.pdf
71. For Traffic Study questions please contact Jill Gormley at (559) 621-8792 or via email at [email protected].
Updated: 9/14/2020